Executive Summary
Background:
The report examines the use of seclusion and restraint across different detention
contexts in New Zealand. It is based on visits to seventeen different places of
detention including prisons, health and disability units, a youth justice residence,
a children’s care and protection residence, and police custody suites, which took
place between 26 October 2016 and 11 November 2016. It is also based on
material provided before, during and after those visits, including some extensive
data sets.
The report was commissioned by the New Zealand Human Rights Commission
with funding from the UN Subcommittee on the Prevention of Torture, and
conducted by an independent expert, Dr Sharon Shalev, of the Centre for
Criminology at the University of Oxford, UK.
Key findings:
• Overall, the data revealed a high use of seclusion and restraint in New
Zealand, and an overrepresentation of ethnic minority groups, in particular
Mäori, in seclusion and in prison segregation units, which is a matter of
concern. In prisons, women were also much more likely than men to be
segregated, and for longer periods.
• Some of the forms of mechanical restraint used were inherently degrading to
the individual. Of particular concern was the use of restraint or tie-down beds
in prisons and the use of restraint chairs in police custody.
• Stark physical environments and impoverished regimes in seclusion, secure
care and segregation units, and in a number of cases no access to basic
fixtures such as a call-bell to alert staff, a toilet or fresh running drinking
water.
• Access to basic entitlements including daily access to a shower and an hour
long exercise in the fresh air were not always guaranteed.
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